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New case increases ERISA controlled group liability concerns of private equity bonds

USA - July 29 2013 The First Circuit Court of Appeals recently held that the normal activities of a private equity investment fund are sufficient to constitute a trade...

Jonathan F. Lewis, Elizabeth Pagel Serebransky, Lawrence K. Cagney, M. Natasha Labovitz, Craig A. Bruens.

Upping the ante: PBGC initiates pension plan termination in leveraged acquisition

USA - May 30 2013 It is an understood risk in a typical carveout transaction that the Pension Benefit Guaranty Corporation (PBGC) could perceive its own interests as...

Jonathan F. Lewis, Elizabeth Pagel Serebransky, Lawrence K. Cagney, Charles E. Wachsstock.

DOL clarifies role of clearing members in cleared swaps

USA - February 14 2013 On February, 7, 2013, the U.S. Department of Labor (the “DOL”) confirmed in Advisory Opinion 2013-01A that a clearing member of a derivatives clearing...

Jonathan F. Lewis, Charity Brunson Wyatt, Charles E. Wachsstock, Byungkwon Lim, David S. Lebolt.

Reminder periodic filing, notice and reporting requirements for private equity funds

USA - December 20 2012 Private equity funds (and their managersadvisers) are subject to various types of regulation under U.S. federal law, in particular under the Dodd-Frank...

Anne C. Meyer, Rebecca F. Silberstein, Steven J. Slutzky, Byungkwon Lim, Gary E. Murphy.

Court rejects ERISA challenge to pension de-risking transaction

USA - December 18 2012 For many employers, underfunded defined benefit pension plans present significant ongoing challenges....

Jonathan F. Lewis, Nicholas F. Potter, Edwin G. Schallert, Sarah A.W. Fitts, Vincent J. Bianco.